In a surprise decision, KAREN MILLEN has failed to prevent the use of the domain name karenmillenoutletonline.com by Danny Cullen, an individual based in the USA. The complaint was unsuccessful because KAREN MILLEN failed to provide evidence to support the...

There is no getting away from it.  Service charge is a necessary evil. Whilst, expensive for most retailers, all would probably agree that it is a sensible way of dealing with the services provided by landlords. The problem with service charge ...

When applying to register a trade mark a key issue is to ensure that the specification (which lists what will be protected by the registration) is correct. Does it cover the goods that you are planning to sell under the mark? A...

A retailer’s ability to make sales via the online channel can play a pivotal role in maintaining and increasing profitability.  But friction can result where the retailer’s desire to maximise sales in the online arena conflicts with the...

Recent press reports have highlighted the Satchels v Zatchels spat. Cambridge Satchel Company is suing its former manufacturer. It’s not the first brandowner to find itself in this situation. The Cambridge Satchel Company is claiming breach of...

Will Kernan jumping ship from New Look to join White Company. Raf Simons joining YSL.  Marc Jacobs jumping ship to Dior. Founder Tamara Mellon leaving Jimmy Choo with immediate effect. Sim Scavazza leaving as M&Co's buying director after being...

Alexon - pre-pack administration Last week Alexon became the latest big name casualty of the ongoing difficult trading conditions.  Having determined that the womenswear brandowner could no longer continue as a going concern, it was bought in a...

In the fashion industry,  it is common for designers to use their own names for their clothing brands and these names are often then registered as trade marks.  However, what happens when a designer leaves a company...

Complying with the ASA advertising codes is important as both Lancome and Maybelline have discovered. Both companies have been rapped on the knuckles by the Advertising Standards Authority (ASA) for digitally altering photographs of Julia Roberts promoting...

Upstaging her dresses, Vivienne Westwood’s tax affairs have recently featured in the press.  It has been reported that: In 2002, Ms. Westwood’s UK business sold the rights to her trademarks to a Luxembourg company, which she controls, for...

Being “cool and good-looking” in the Employment Tribunal - avoiding discriminatory job advertising “Results-driven”. “Experienced and dynamic”. “Cool and good-looking”.  “Young and...

The linking of celebrity and brand can be a powerful tool in shaping the perception of a brand in our minds.  It explains why fashion brands often issue press releases name-checking the latest celebrity to be spotted out and about wearing its...

Christian Louboutin (Louboutin), famous for its signature red-soled shoes, is suing Yves Saint Laurent (YSL) for trade mark infringement. In a claim filed in the New York Courts, Louboutin is claiming that YSL’s shoes with red soles are infringing its...

Step 1: build your market For new designers wishing to bring their creations to clients, the first rule is to ensure that there is demand for the product. Building a market by selling directly to end-users is probably the quickest way to gauge product...

Forgetting the obvious, forward thinking is another facet which sets these fashion designers apart. Following complaints of irresponsible and offensive and unsuitable advertising, both Prada and Jack Wills have become the subject of adjudications by the...

Concessions within stores come and go all the time. The store might decide no longer to sell a particular brand, or to sell its own branded product or to acquire a new concessionaire selling a new brand. This is a retailing fact of life and seems quite...

Stephens Marks, French Connection (“FC”) Chief Executive, has called for the government to lead a review of the law relating to upwards only rent reviews in light of the continued struggle of the FC’s retail business. Mr Marks blames the...

The Judgment in Dame Vivienne Westwood OBE v Anthony Knight , the first action to be brought in the Patents County Court under the new streamlined rules has been handed down. The new streamlined rules have been adopted to allow the parties and the Court...

Little more than a month remains before a new law impacts on web site operators. The law is concerned with obtaining consent from users to cookies. But how to comply with the law remains a mystery. No help is provided by the amendment to the EU’s...

Reebok International Ltd Recent magazine and television advertisements for Reebok’s EasyTone Curve Trainers made claims that were held to be unsubstantiated and misleading by the ASA. The adverts claimed that the trainers helped to tone the legs...

On 21 October 2010 the European Parliament voted by an overwhelming majority in favour of the implementation of “country of origin labelling”. This legislation intends to make it compulsory for clothing, textiles and footwear products...

The announcement of HRH Prince William’s engagement to Kate Middleton resulted in a flurry of activity by High Street retailers as they responded to the demand by consumers to emulate the soon to be royal and offer other women the chance to find...

Ugg v Emu – trade mark dispute in the US The battle between Ugg and Emu is hotting up in the US.  Deckers (the Ugg brand owner) has commenced trade mark infringement proceedings against rival footwear brand, Emu. ...

Fashion companies will find it even harder to avoid paying compensation to terminated agents under the Commercial Agents Regulations following a recent European Court decision.  The decision closes a potential loophole which had existed...

ICANN (the Internet Corporation for Assigned Names and Numbers) is currently developing new policies in relation to the allocation of new top-level domains (TLDs) including generic domains, and country-code domains. These proposed changes have already...